The
state Office of Disciplinary Counsel recommends Randolph County Circuit Judge
Jaymie Wilfong be suspended for four years—the rest of her term—for failing to
disclose an extramarital affair with a corrections official who appeared in her
court.
The
counsel submitted its findings Tuesday in a post hearing legal brief a week
after Wilfong appeared before the state Judicial Hearing Board on various
alleged violations of the Judicial Code of Conduct.
Wilfong
allegedly violated the code during a two-year extramarital affair with the
director of the area community corrections program. Wilfong admitted the sexual
relationship with Travis Carter was inappropriate but claims it did not impact
her decisions from the bench.
The
disciplinary counsel said Carter or his subordinates appeared before the judge
on dozens of occasions during the relationship. Wilfong reportedly ignored
advice to expose the affair and recuse herself from those cases.
“Judge
Wilfong’s misconduct calls into question calls into question her judgment and
brings the Randolph
County system of justice
into disrepute,” Tuesday’s filing said. “Public confidence in the judiciary is
a fragile thing—Judge Wilfong should be suspended from office ‘not to punish
the judge for extensive wrongdoing, but to relieve from the bench a person
whose further service will be detrimental to the judicial branch of
government.’”
Wilfong
has also filed a post hearing brief.
The hearing board will make a
recommendation to the state Supreme Court, which will make the final decision.
Justices will have a number of choices but cannot remove Wilfong from
office—that can only be done by the legislature. The court could suspend the
judge for the rest of her term.